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ByKenDilanian The Associated Press WASHINGTON APentagon investigation concluded in 2010 that Army Sgt. Bowe Bergdahl walked away from his unit, and after an initial flurry of searching the mili- tary decided not to exert ex- traordinary efforts to rescue him, according to a former senior defense official who was involved in the matter. Instead, the U.S. govern- ment pursued negotiations to get him back over the fol- lowing five years of his cap- tivity — a track that led to his release over the weekend. Bergdahl was being checked and treated Mon- day at a U.S. military hos- pital in Germany as ques- tions mounted at home over the swap that resulted in his freedom in exchange for the release of five detainees who were sent to Qatar from the U.S. prison at Guantanamo, Cuba. Even in the first hours of Bergdahl's handoff to U.S. special forces in eastern Af- ghanistan, it was clear this would not be an uncompli- cated yellow-ribbon cele- bration. Five terrorist sus- pects also walked free, stir- ring a debate over whether the exchange would heighten the risk of other Americans being snatched as bargain- ing chips and whether the released detainees — sev- eral senior Taliban figures among them — would find their way back to the fight. U.S. officials said Sun- day that Bergdahl's health and safety appeared in jeop- ardy, prompting rapid ac- tion. "Had we waited and lost him," said national security adviser Susan Rice, "I don't think anybody would have forgiven the United States government." She said he had lost considerable weight and faced an "acute" situa- tion. Yet she also said he ap- peared to be "in good physi- cal condition." One official, who spoke on grounds of anonymity be- cause the person wasn't au- thorized to discuss the sub- ject by name, said there were concerns about Bergdahl's mental and emotional as well as physical health. On Monday, a U.S. mil- itary hospital in Germany reported Bergdahl in "sta- ble condition and receiving treatment for conditions re- quiring hospitalization" af- ter arriving from Afghan- istan. The Landstuhl Re- gional Medical Center said Bergdahl's treatment "in- cludes attention to dietary and nutrition needs after al- most five years in captivity" but declined to release fur- ther details. It said there "is no pre-determined amount of time involved in the re- integration process" for the 28-year-old soldier. Two officials said Monday that the Taliban may have been concerned about his health, as well, since the U.S. had sent the message that it would respond harshly if any harm befell him in captivity. Republicans in the U.S. said the deal for Bergda- hl's release could set a trou- bling precedent. Arizona Sen. John McCain said of the Guantanamo detain- ees who were exchanged for him: "These are the hardest of the hard core." And in Kabul Monday, the Afghan Foreign Ministry called the swap "against the norms of international law" if it came against the five im- prisoned Taliban detainees' will. The ministry said: "No state can transfer another country's citizen to a third country and put restriction on their freedom." Tireless campaigners for their son's freedom, Bob and Jani Bergdahl thanked all who were behind the ef- fort to retrieve him. "You were not left behind," Bob Bergdahl told reporters, as if speaking to his son. "We are so proud of the way this was carried out." He spoke in Boise, Idaho, wearing a long bushy beard he'd grown to honor his son, as residents in the sergeant's hometown of Hailey prepared for a home- coming celebration. The five detainees left Guantanamo aboard a U.S. military aircraft flying to Qatar, which served as go- between in the negotiations. They are to be banned from leaving Qatar for at least a year. Among the five: a Tali- ban deputy intelligence min- ister, a former Taliban inte- rior minister with ties to the late al-Qaida leader Osama bin Laden and a figure linked by human rights monitors to mass killings of Shiite Mus- lims in Afghanistan in 2000 and 2001. Questions persisted, too, about the circumstances of Bergdahl's 2009 capture. Defense Secretary Chuck Hagel declined to comment on earlier reports that the sergeant had walked away from his unit, disillusioned with the war. Such matters "will be dealt with later," Ha- gel said. But the former Pentagon official said it was "incon- trovertible" that he walked away from his unit. CAPTURED SOLDIER US concluded in 2010 that Bergdahl walked away THEIDAHOSTATESMAN,KYLEGREEN—THEASSOCIATEDPRESS Signs celebrating U.S. Army Sgt. Bowe Bergdahl's release hang on the front of Zaney's coffee shop in Hailey, Idaho, his hometown, on Saturday. The Associated Press WASHINGTON Aunanimous Supreme Court ruled Mon- day that a company is not li- able for inducing patent in- fringement if someone other than the company carries out some of the steps lead- ing to infringement. The justices unanimously ruled Monday that Internet content delivery company Limelight Networks Inc. did not infringe on the patented system for managing images and video owned by rival Akamai Technologies Inc. Akamai claimed Lime- light used some of its pat- ented methods for speed- ing content delivery, and then illegally encouraged its customers to carry out the remaining steps. The U.S. Court of Appeals for the Fed- eral Circuit agreed, but the Supreme Court reversed. Justice Samuel Alito said all the steps for patent in- fringement must be per- formed by a single party. Since there was no direct in- fringement, Alito said there could be no inducement. The case drew interest from tech giants including Google and Oracle, which have been sued frequently by so-called "patent trolls," companies that buy patents and force businesses to pay license fees or face costly lit- igation. They had urged the high court to overturn the Federal Circuit in order to limit the growing number of patentinfringementlawsuits. SCOTUS Court: Company didn't induce patent infringement By Mark Sherman The Associated Press WASHINGTON A reporter who has been ordered to divulge the identity of the source of classified infor- mation lost his bid Monday to get the Supreme Court to clarify whether journal- ists have a right to protect their confidential sources. Without comment, the justices rejected an appeal from New York Times re- porter James Risen to re- visit the court's 42-year- old ruling that has raised questions about journalists' ability to shield from pub- lic view the names of peo- ple who tell them govern- ment secrets. Risen detailed a botched CIA effort during the Clin- ton administration to thwart Iran's nuclear ambi- tions. His reporting is at the center of criminal charges against former CIA officer Jeffrey Sterling of disclos- ing government secrets. Federal prosecutors want to force Risen to tes- tify about his sources at Sterling's trial, but Attor- ney General Eric Holder has suggested that the Jus- tice Department could find a way to defuse the situa- tion and not subject Risen to time in jail should he re- fuse to testify as ordered. Notes from a meeting with journalists last week taken by Associated Press General Counsel Karen Kai- ser show that Holder said, "as long as I'm the attorney general, no reporter who is doing his or her job will go to jail. As long as I'm attor- ney general, someone who is doing their job will not get prosecuted." Department officials later added that Holder wasn't referring to any specific case. Risen argued that he has a right to protect his sources' identities, either under the Constitution or rules governing criminal trials. The federal appeals court in Richmond, Vir- ginia, had rejected Risen's bid to avoid being forced to testify. His Supreme Court ap- peal came amid a debate over where to draw the line between national security and press freedoms. The Obama administration has been more aggressive than its predecessors in pursuing leaks of government secrets, including reviewing jour- nalists' phone and email re- cords and seeking to compel reporters to testify. The As- sociated Press was the tar- get of one such records ef- fort. Joel Kurtzberg, an attor- ney for Risen, said Monday that prosecutors must now decide whether they will force the issue. Disclosures of subpoe- nas for the records and tes- timony prompted Congress to revive a proposal for a na- tional media shield law, sim- ilar to laws in place in most states, which would afford a measure of protection to re- porters and news media or- ganizations from being re- quired to reveal the identi- ties of confidential sources. But it would not grant an absolute privilege to jour- nalists. SUPREME COURT Justices reject reporter's bid to protect source By Maryclaire Dale The Associated Press PHILADELPHIA The flight crew that died in a fiery crash aboard Philadelphia Inquirer co-owner Lewis Katz's private plane this weekend had flown for the millionaire businessman and philanthropist for nearly a decade, and among them was a pilot who survived an earlier fatal crash, relatives said Monday. Katz's Gulfstream jet crashed during takeoff near Boston on Saturday night, killing him, three guests and three crew members. The chief pilot was James McDowell, of Georgetown, Delaware, authorities said. Spouses identified two of the crew members Monday as flight attendant Teresa Benhoff, 48, of Easton, Mary- land, and co-pilot Bauke "Mike" de Vries, 45, of Marl- ton, New Jersey. "I knew he was on a safe plane. I knew it was a well- maintained plane," de Vries' wife, Shelly, told The Asso- ciated Press. "I know the other captain had a great, long history, (and) was also a mechanic." The rest of the victims were identified earlier Katz's neighbor at the New Jersey shore, Anne Leeds, a 74-year-old retired pre- school teacher he invited on the trip just that day; Mar- cella Dalsey, the director of Katz's son's foundation; and Susan Asbell, 67, the wife of a former New Jersey county prosecutor. The trip would be the last of several over the years the flight crew took with Katz; all three had worked for him for 10 to 15 years, relatives said. They had been expecting to take Katz, a sports team owner-turned-philanthropist, to France later this month, said Benhoff's husband, Dan. The co-pilot, De Vries, had come to the U.S. from the Netherlands as a young man to attend flight school. In the early 1990s, he was a passenger in a two-man crash that killed a pilot at a southern New Jersey air- port, his wife said. "Lucky for him, he didn't remember it, and he didn't remember about 12 to 24 hours before it," she said. So he had no fear, she said, and still loved to fly. At the crash site Mon- day, tire marks were visi- ble where the jet ran off the runway at Hanscom Field in Bedford, Massachusetts. The plane had burst through a chain-link fence and top- pled part of a runway light- ing system. The cockpit was burned but mostly intact, with the nose resting on a hill, and the burned-out fuselage lying in a ravine. The victims' bodies had been removed. In 911 calls released Mon- day, neighbors described a loud explosion and tower- ing column of smoke. One caller Saturday night said it looked like "an atomic bomb went off" and described "a mushroom cloud" of smoke and fire. DOWNED PLANE Je t cr ew ha d fl ow n to ge th er 1 0 ye ar s BOSTON HERALD, MARK GARFINKEL, POOL — THE ASSOCIATED PRESS A National Transportation Safety Board official stands beside a piece of the landing gear at the plane crash scene Monday in Bedford, Mass. RUNNINGS ROOFING SheetMetalRoofing ResidentialCommercial • Composition • Shingle • Single Ply Membrane Ownerisonsiteoneveryjob ServingTehamaCounty 530-527-5789 530-209-5367 No Money Down! "NoJobTooSteep" " No Job Too Flat" FREE ESTIMATES CA. LIC#829089 Servicing your disposal needs in Tehama County, and the City of Red Bluff including Residential, Commercial, and Temporary bin services. GREEN WASTE OF TEHAMA A WASTE CONNECTIONS COMPANY 530-528-8500 1805 AIRPORT BLVD. 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